40250. (a) Except where otherwise specifically provided, any
violation of any statute, regulation, or ordinance governing the
evasion of tolls on toll facilities under this code, under any
federal or state statute or regulation, or under any ordinance
enacted by local authorities including joint powers authorities, or a
district organized pursuant to Part 3 (commencing with Section
27000) of Division 16 of the Streets and Highways Code is subject to
a civil penalty. The enforcement of those civil penalties shall be
governed by the civil administrative procedures set forth in this
article.
(b) Except as provided in Section 40264, the registered owners,
driver, rentee, or lessee of a vehicle cited for any toll evasion
violation of any toll facility, under any applicable statute,
regulation, or ordinance shall be jointly and severally liable for
toll evasion penalties imposed under this article, unless the owners
can show that the vehicle was used without consent of that person,
express or implied. Any person who pays any toll evasion penalty,
civil judgment, costs, or administrative fees pursuant to this
article shall have the right to recover the same from the driver,
rentee, or lessee.
(c) The driver of a vehicle who is not the owner thereof but who
uses or operates the vehicle with the express or implied permission
of the owner shall be considered the agent of the owner to receive
notices of toll evasion violations served in accordance with this
article and may contest the notice of violation.
(d) If the driver of the vehicle is in violation of the laws,
regulations, or ordinances governing toll evasion violations, and if
the driver is arrested pursuant to Article 1 (commencing with Section
40300) of Chapter 2, this article does not apply.
(e) "Issuing agency" is any entity, public or private, authorized
to collect tolls.
40251. All toll evasion penalties collected by the processing
agency, as defined in Section 40253, including all administrative
fees, process service fees, and fees and collection costs related to
civil debt collection, shall be deposited to the account of the
issuing agency, except that those sums attributable to the issuance
of a toll evasion violation by a member of the California Highway
Patrol shall be deposited in accordance with Article 1 (commencing
with Section 42200) of Chapter 2 of Division 18 in the city or county
where the violation occurred. At the end of each fiscal year, the
issuing agencies of facilities which have been developed pursuant to
Section 143 of the Streets and Highways Code shall deposit in the
State Highway Account in the State Transportation Fund any amounts
collected under Section 40253 in excess of the sum of the unpaid
toll, administrative fees, other costs incurred by the issuing agency
that are related to toll evasion, process service fees, and fees and
collection costs related to civil debt collection.
40252. (a) An issuing agency may elect to contract with the state,
the county, a local authority, or a district organized pursuant to
Part 3 (commencing with Section 27000) of Division 16 of the Streets
and Highways Code, or with a private vendor, for the processing of
notices of toll evasion violations and notices of delinquent toll
evasion violations, prior to filing with the court pursuant to
Section 40256.
(b) As used in this article, "toll evasion penalty" includes, but
is not limited to, any late payment penalty, administrative fee,
fine, assessment, and costs of collection as provided by law.
40253. If a contract is entered into pursuant to Section 40252, for
the purpose of this article, "processing agency" means the party
responsible for the processing of the notices of toll evasions and
notices of delinquent toll evasions. Absent such contract,
"processing agency" shall be synonymous with "issuing agency."
40254. (a) If a vehicle is found, by automated devices, by visual
observation, or otherwise, to have evaded tolls on any toll road or
toll bridge, and subdivision (d) of Section 40250 does not apply, an
issuing agency or a processing agency, as the case may be, shall,
within 21 days of the violation, forward to the registered owner a
notice of toll evasion violation setting forth the violation,
including reference to the section violated, the approximate time
thereof, and the location where the violation occurred. If accurate
information concerning the identity and address of the registered
owner is not available to the processing agency within 21 days of the
violation, the processing agency shall have an additional 45
calendar days to obtain such information and forward the notice of
toll evasion violation. Where the registered owner is a repeat
violator, the processing agency shall forward the notice of toll
evasion violation within 90 calendar days of the violation. "Repeat
violator" means any registered owner for whom more than five
violations have been issued pursuant to this section in any calendar
month within the preceding 12-month period. The notice of toll
evasion violation shall also set forth the following:
(1) The vehicle license plate number.
(2) If practicable, the registration expiration date and the make
of the vehicle.
(3) A clear and concise explanation of the procedures for
contesting the violation and appealing an adverse decision pursuant
to Sections 40255 and 40256.
(b) Once the authorized person has notified the processing agency
of a toll evasion violation, the processing agency shall prepare and
forward the notice of violation to the registered owner of the
vehicle cited for the violation. Any person, including the
authorized person and any member of the person's department or
agency, or any peace officer who, with intent to prejudice, damage,
or defraud, is found guilty of altering, concealing, modifying,
nullifying, or destroying, or causing to be altered, concealed,
modified, nullified, or destroyed, the face of the original or any
copy of a notice that was retained by the authorized person before it
is filed with the processing agency or with a person authorized to
receive the deposit of the toll evasion violation is guilty of a
misdemeanor.
(c) If, after a copy of the notice of toll evasion violation has
been sent to the registered owner, the issuing person determines
that, due to a failure of proof of apparent violation, the notice of
toll evasion violation should be dismissed, the issuing agency may
recommend, in writing, that the charges be dismissed. The
recommendation shall cite the reasons for the recommendation and
shall be filed with the processing agency.
(d) If the processing agency makes a finding that there are
grounds for dismissal, the notice of toll evasion violation shall be
canceled pursuant to Section 40255.
(e) Under no circumstances shall a personal relationship with any
law enforcement officer, public official, law enforcement agency,
processing agency or toll operating agency or entity be grounds for
dismissal of the violation.
The processing agency shall use its best efforts to obtain
accurate information concerning the identity and address of the
registered owner for the purpose of forwarding a notice of toll
evasion violation pursuant to subdivision (a).
40255. (a) Within 21 days from the issuance of the notice of toll
evasion violation, or within 15 days from the mailing of the notice
of delinquent toll evasion, whichever occurs later, a person may
contest a notice of toll evasion violation or a notice of delinquent
toll evasion. In that case, the processing agency shall do the
following:
(1) The processing agency shall either investigate with its own
records and staff or request that the issuing agency investigate the
circumstances of the notice with respect to the contestant's written
explanation of reasons for contesting the toll evasion violation.
If, based upon the results of that investigation, the processing
agency is satisfied that the violation did not occur or that the
registered owner was not responsible for the violation, the
processing agency shall cancel the notice of toll evasion violation
and make an adequate record of the reasons for canceling the notice.
The processing agency shall mail the results of the investigation
to the person who contested the notice of toll evasion violation or
the notice of delinquent toll evasion violation.
(2) If the person contesting a notice of toll evasion violation or
notice of delinquent toll evasion violation is not satisfied with
the results of the investigation provided for in paragraph (1), the
person may, within 15 days of the mailing of the results of the
investigation, deposit the amount of the toll evasion penalty and
request an administrative review. After January 1, 1996, an
administrative hearing shall be held within 90 calendar days
following the receipt of a request for an administrative hearing,
excluding any time tolled pursuant to this article. The person
requesting the hearing may request one continuance, not to exceed 21
calendar days.
(b) The administrative review procedure shall consist of the
following:
(1) The person requesting an administrative review shall indicate
to the processing agency his or her election for a review by mail or
personal conference.
(2) If the person requesting an administrative review is a minor,
that person shall be permitted to appear at an administrative review
or admit responsibility for a toll evasion violation without the
necessity of the appointment of a guardian. The processing agency
may proceed against that person in the same manner as if that person
were an adult.
(3) The administrative review shall be conducted before a reviewer
designated to conduct the review by the issuing agency's governing
body or chief executive officer. In the case of violations on
facilities developed pursuant to Section 143 of the Streets and
Highways Code, the processing agency shall contract with a public
agency or a private entity that has no financial interest in the
facility for the provision of administrative review services pursuant
to this subdivision. The costs of those administrative review
services shall be included in the administrative fees authorized by
this article.
In addition to any other requirements of employment, a reviewer
shall demonstrate those qualifications, training, and objectivity
prescribed by the issuing agency's governing body or chief executive
as are necessary and which are consistent with the duties and
responsibilities set forth in this article.
The examiner's continued employment, performance evaluation,
compensation, and benefits shall not be directly or indirectly linked
to the amount of fines collected by the examiner.
(4) The officer or person authorized to issue a notice of toll
evasion violation shall not be required to participate in an
administrative review. The issuing agency shall not be required to
produce any evidence other than the notice of toll evasion violation
or copy thereof, information received from the department identifying
the registered owner of the vehicle, and a statement under penalty
of perjury from the person reporting the violations. The
documentation in proper form shall be considered prima facie evidence
of the violation.
(5) The review shall be conducted in accordance with the written
procedure established by the processing agency which shall ensure
fair and impartial review of contested toll evasion violations. The
agency's final decision may be delivered personally or by first-class
mail.
40256. (a) Within 20 days after the mailing of the final decision
described in subdivision (b) of Section 40255, the contestant may
seek review by filing an appeal to the superior court, where the same
shall be heard de novo, except that the contents of the processing
agency's file in the case on appeal shall be received in evidence. A
copy of the notice of toll evasion violation shall be admitted into
evidence as prima facie evidence of the facts stated therein. A copy
of the notice of appeal shall be served in person or by first-class
mail upon the processing agency by the contestant. For purposes of
computing the 20-day period, Section 1013 of the Code of Civil
Procedure shall be applicable. A proceeding under this subdivision
is a limited civil case.
(b) Notwithstanding Section 72055 of the Government Code, the fee
for filing the notice of appeal shall be twenty-five dollars ($25).
If the appellant prevails, this fee, together with any deposit of
toll evasion penalty, shall be promptly refunded by the processing
agency in accordance with the judgment of the court.
(c) The conduct of the hearing on appeal under this section is a
subordinate judicial duty which may be performed by commissioners and
other subordinate judicial officials at the direction of the
presiding judge of the court.
(d) If no notice of appeal of the processing agency's decision is
filed within the period set forth in subdivision (a), the decision
shall be deemed final.
(e) If the toll evasion penalty has not been deposited and the
decision is adverse to the contestant, the processing agency may,
promptly after the decision becomes final, proceed to collect the
penalty under Section 40267.
40257. The notice of toll evasion violation shall be accompanied by
a written notice of the toll evasion penalty due for that violation
and the address of the person authorized to receive a deposit of the
toll evasion penalty, to whom payments may be sent, and a statement
in bold print that payments of the toll evasion penalty for the toll
evasion violation may be sent through the mail.
40258. (a) The schedule of toll evasion penalties for toll evasion
violations shall be limited to one hundred dollars ($100) for the
first violation, two hundred fifty dollars ($250) for a second
violation within one year, and five hundred dollars ($500) for each
additional violation within one year.
(b) Toll evasion penalties under this article shall be collected
as civil penalties.
40259. If the toll evasion penalty is received by the person
authorized to receive the deposit of the toll evasion penalty and
there is no contest as to that toll evasion violation, the
proceedings under this article shall terminate.
40260. (a) If the payment of the toll evasion penalty is not
received by the person authorized to receive a deposit of the toll
evasion penalty by the time and date fixed for appearance on the
notice of toll evasion violation under Section 40254, the processing
agency shall serve or mail to the registered owner a notice of
delinquent toll evasion violation.
(b) Delivery of a notice of delinquent toll evasion violation
under this section may be made by personal service or by first-class
mail addressed to the registered owner.
40261. (a) Within 10 days from the mailing of a notice of
delinquent toll evasion violation, any person or his or her agent,
may request by mail or in person a photostatic copy or an
electronically produced facsimile of the original notice of toll
evasion violation. The issuing agency may charge a fee sufficient to
recover the actual cost of providing the copy, not to exceed two
dollars ($2). Within 15 days of the request, the processing agency
shall mail or otherwise provide the copy. Until the issuing agency
complies with a request for a copy of the original notice of toll
evasion violation, the processing agency may not proceed pursuant to
subdivision (i) of Section 22651, or Section 22651.7 or 40267.
(b) If the description of the vehicle on the notice of toll
evasion violation does not match the department's corresponding
vehicle registration record, the processing agency may, on written
request of the person, cancel the notice of toll evasion violation
without the necessity of an appearance by that person.
40262. The notice of delinquent toll evasion violation shall
contain the information specified in Section 40254 and, additionally
shall contain a notice to the registered owner that, unless the
registered owner pays the toll evasion penalty or contests the notice
within 15 days after mailing of the notice of delinquent toll
evasion violation or completes and files an affidavit of nonliability
which complies with Section 40263 or 40264, the renewal of the
vehicle registration shall be contingent upon compliance with the
notice of delinquent toll evasion violation. If the registered
owner, by appearance or by mail, makes payment to the processing
agency within 15 days of the mailing of the notice of delinquent toll
evasion violation, the toll evasion penalty shall consist of the
amount of the original penalty without any additional administrative
fees or charges.
40262.5. If the registered owner fails to pay the toll evasion
penalty, as required in Section 40262, or fails to contest the
violation, as provided in Section 40255, the registered owner shall
be deemed liable for the violation by operation of law, and the toll
evasion penalty and any administrative fees or charges shall be
considered a debt due and owing the issuing agency by the registered
owner.
40263. The notice of delinquent toll evasion violation shall
contain, or be accompanied with, an affidavit of nonliability and
information of what constitutes nonliability, information as to the
effect of executing the affidavit, and instructions for returning the
affidavit to the issuing agency.
40264. If the affidavit of nonliability is returned to the agency
within 30 days of the mailing of the notice of toll evasion violation
together with the proof of a written rental agreement or lease
between a bona fide renting or leasing company and its customer which
identifies the rentee or lessee and provides the driver's license
number, name, and address of the rentee or lessee, the processing
agency shall serve or mail to the rentee or lessee identified in the
affidavit of nonliability a notice of delinquent toll evasion
violation. If payment is not received within 15 days of the mailing
of the notice of delinquent toll evasion violation, the processing
agency may proceed against the rentee or lessee pursuant to Section
40267.
40265. (a) If the affidavit of nonliability is returned with
evidence that the registered owner served has made a bona fide sale
or transfer of the vehicle and has delivered possession thereof to
the purchaser prior to the date of the alleged violation, the
processing agency shall obtain verification from the department that
the registered owner has complied with subdivision (b) of Section
5602.
(b) If the registered owner has complied with subdivision (b) of
Section 5602, the processing agency shall cancel the notice of toll
evasion violation with respect to the registered owner.
(c) If the registered owner has not complied with subdivision (b)
of Section 5602, the processing agency shall inform the registered
owner that the notice shall be paid in full or contested pursuant to
Section 40255. If the registered owner does not comply, the
processing agency shall proceed pursuant to Section 40267.
40266. (a) If the registered owner, or an agent of the registered
owner, or a rentee or lessee who was served with the notice of
delinquent toll evasion violation pursuant to Section 40260 or 40264,
or any other person who presents the notice of toll evasion
violation or notice of delinquent toll evasion violation after the
notice of delinquent toll evasion violation has been issued for
delivery under Section 40260, deposits that toll evasion violation
penalty with a person authorized to receive it, the processing agency
shall do both of the following:
(1) Deliver a copy of the notice of delinquent toll evasion
violation issued under Section 40260, or a listing of the notice
information presented in a notice of delinquent toll evasion
violation to the person and record the name, address, and driver's
license number of the person actually given the copy in the records
of the issuing agency.
For the purposes of this paragraph, a copy of the notice of
delinquent toll evasion violation may be a photostatic copy.
(2) Determine whether the notice of delinquent toll evasion
violation has been filed with the department pursuant to subdivision
(b) of Section 40267 or a civil judgment has been entered pursuant to
Section 40267.
(b) If the notice of delinquent toll evasion violation has not
been filed with the department or judgment entered and payment of the
toll evasion penalty and any applicable assessments is received, the
proceedings under this article shall terminate.
(c) If the notice of delinquent toll evasion violation has been
filed with the department, has been returned to the processing agency
pursuant to subdivision (b) or (c) of Section 4770 or pursuant to
Section 4774, and payment of the toll evasion penalty together with
the administrative service fee of the processing agency for costs of
service and any applicable assessment is received, the proceedings
under this article shall terminate.
(d) If the notice of delinquent toll evasion violation has been
filed with the department and has not been returned to the processing
agency pursuant to Section 4770, 4772, or 4774, and payment of the
toll evasion penalty together with the administrative fee of the
department established under Section 4773, and administrative service
fee of the issuing agency for costs of service, and any applicable
assessments is received by the processing agency, the processing
agency shall do all of the following:
(1) Immediately transmit the payment information to the department
in the manner prescribed by the department.
(2) Terminate proceedings on the notice of delinquent toll evasion
violation.
(3) Transmit for deposit all toll evasion penalties and
assessments in accordance with law.
40267. Except as otherwise provided in Sections 40268 and 40269,
the processing agency shall proceed under one or more of the
following options to collect an unpaid toll evasion penalty:
(a) The processing agency may file an itemization of unpaid toll
evasion penalties and administrative and service fees with the
department for collection with the registration of the vehicle
pursuant to Section 4770.
(b) If more than four hundred dollars ($400) in unpaid penalties
and fees have been accrued by any person or registered owner, the
processing agency may file proof of that fact with the court with the
same effect as a civil judgment. Execution may be levied and other
measures may be taken for the collection of the judgment as are
authorized for the collection of an unpaid civil judgment entered
against a defendant in an action on a debtor. The court may assess
costs against a judgment debtor to be paid upon satisfaction of the
judgment. The processing agency shall send a notice by first-class
mail to the person or registered owner indicating that a judgment
shall be entered for the unpaid penalties, fees, and costs and that,
after 30 days from the date of the mailing of the notice, the
judgment shall have the same effect as an entry of judgment against a
judgment debtor. The person or registered owner shall also be
notified at that time that execution may be levied against his or her
assets, liens may be placed against his or her property, his or her
wages may be garnished, and other steps may be taken to satisfy the
judgment. The filing fee plus any costs of collection shall be added
to the judgment amount.
Notwithstanding any other provision of law, the processing agency
shall pay the established first paper civil filing fee, if required
by law, at the time an entry of civil judgment is requested.
(c) If the registration of the vehicle has not been renewed for 60
days beyond the renewal date, and the notice has not been collected
by the department pursuant to Section 4770, the processing agency may
file proof of unpaid penalties and fees with the court with the same
effect as a civil judgment as provided in subdivision (b), except
that if the amount of the unpaid penalties and fees is not more than
four hundred dollars ($400), the filing fee shall be collectible by
the court from the debtor.
(d) The issuing agency may contract with a collection agency to
collect unpaid toll evasion penalties, fees, and charges.
40268. The processing agency shall not file a civil judgment with
the court relating to a toll evasion violation which has been filed
with the department unless the processing agency has determined that
the registration of the vehicle has not been renewed for 60 days
beyond the renewal date and the notice has not been collected by the
department pursuant to Section 4770.
40269. The processing agency shall terminate proceedings on the
notice of delinquent toll evasion violation in any of the following
cases:
(a) Upon receipt of collected penalties and administrative fees
remitted by the department under Section 4772 for that notice of
delinquent toll evasion violation. The termination under this
subdivision is by satisfaction of the toll evasion penalty.
(b) If the notice of delinquent toll evasion violation was
returned to the processing agency pursuant to Section 4774 and five
years have elapsed since the date of the violation. The termination
under this subdivision is by the running of a statute of limitation
of proceedings.
(c) The processing agency receives information, which it shall
verify with the department, that the penalty has been paid to the
department pursuant to Section 4772.
40270. If the notice of delinquent toll evasion violation is filed
with the department pursuant to subdivision (b) of Section 40267 and
the department returns the notice of delinquent toll evasion
violation by notice of noncollection pursuant to subdivision (b) of
Section 4770 or Section 4774, the processing agency may cancel the
notice of delinquent toll evasion violation.
40271. The time limitation provided by law for commencement of a
civil action for a violation specified in Section 40250 shall be
tolled from and after the date a notice of delinquent toll evasion
violation is filed with the department pursuant to subdivision (b) of
Section 40267 until the notice is returned to the processing agency
under subdivision (b) of Section 4770, or Section 4772 or 4774, or is
recalled by the processing agency pursuant to subdivision (b) of
Section 40255.
40272. Notwithstanding any other provision of law, an imposition of
civil liability for a violation of Section 23302.5 shall not be
deemed a conviction of a driver, rentee, lessee, or registered owner
and shall not be made part of the driving record of the person upon
whom that liability is imposed, nor shall it be used for insurance
purposes in connection with the provision of motor vehicle insurance
coverage.
40273. Any information obtained pursuant to this article through
the use of automated devices shall not be used for any purpose other
than to identify, and obtain the mailing address information of, toll
evasion violators, to facilitate the serving of notices of toll
evasion violations and notices of delinquent toll evasion violations.
|
